Bob concentrates his practice in the areas of commercial litigation, business bankruptcy and business planning. He represents businesses and business owners in a diverse range of matters including directors' and officers' liability, contract disputes, and general business disputes. Bob is one of Nashville's "go to" lawyers for bet-the-company litigation. When everything is on the line, Bob can lead your team to success.
A portion of Bob's practice is devoted to representing debtors, creditors, creditors' committees, trustees, and purchasers of assets in Chapter 11 bankruptcy cases. He appears in Bankruptcy Court on matters including stay relief motions, cash collateral litigation, valuation litigation, preference and fraudulent conveyance actions, discharge and dischargeability actions, lease disputes, and contested confirmation hearings.
Bob also acts as outside general counsel for a number of companies. He counsels clients in forming and operating businesses and participates in clients' management teams to formulate policy and strategy. Bob also provides guidance to help clients avoid and resolve disputes.
- Represented national loan servicer in collection of 40 loans totaling more than $25 million owed by regional franchisee of quick-service chain restaurants. Litigated multiple disputes in Federal District and Bankruptcy Court. Negotiated and documented loan restructure resulting in payment in full for servicer and lenders.
- Represented non-profit organization against former employee in dispute involving breach of employment agreement, breach of fiduciary duties, tortious interference, and misappropriation of trade secrets and confidential information.
- Represented corporation providing outpatient rehabilitation and physical therapy services in lawsuit against former employee, newly-formed competing company, and other individuals regarding breach of contract, tortious interference with contract and business relationships, and breach of fiduciary duty of loyalty. Obtained temporary restraining order against the breaching parties.
- Served as counsel for international supplier of cement, aggregates and concrete in connection with dispute with supplier for breach of contract and personal guaranty.
- Represented title company in multiple actions regarding title disputes and alleged negligence.
- Served as counsel for pharmacy in breach of contract dispute involving prescription packaging and printing materials.
- Served as counsel for bona fide third party purchaser of real estate in an equitable subrogation and misrepresentation dispute.
- Served as counsel for a prominent ophthalmologist in Jackson and Memphis in connection with a dispute with a former employee.
- Represented company that provides unemployment cost control services in connection with a dispute with two former officers and directors who started a competing company and took 40 percent of the company's business with them.
- Served as counsel for manufacturer and distributor of high-end powered wheelchairs in breach of contract dispute involving promissory note and stock purchase agreement as well as a Lanham Act violation.
- Represented individual in state court litigation with regional bank and healthcare company over a loan due to the individual. Successfully convinced the trial court to dismiss client from the litigation.
- Served as counsel for a national automobile parts manufacturer on numerous matters including employment disputes, ERISA and NLRA litigation.
- Counseled numerous contractors in asserting lien and bond claims.
- Served as counsel for physician in a peer review dispute with Nashville hospital.
- Served as counsel for medical practice group in dispute with departing physician.
- Served as counsel for physician in dispute with former practice group.
- Represented physician and university professor in employment dispute.
- Counseled Ph.D. rocket scientist and Full Professor in connection with his university's efforts to remove him and several related disputes.
- Served as counsel for Nashville computer services corporation in successfully forcing competitor from using a name that was confusingly similar and infringed on the client's trademark.
- Counseled beneficiaries of multiple trusts in breach of trust and breach of fiduciary duty lawsuit against regional bank.
- Counseled software company in breach of contract action against manufacturer of industrial products that refused to pay licensing fees.
- Counseled private prison company in injunction action against financial services firm for breaching a right of first refusal on real estate located in Georgia.
- In re Gregory Scott Daily - Represent Los Angeles-based venture capital firm as creditor in Chapter 11 bankruptcy proceeding to collect $350 million judgment.
- In re Commissary Operations, Inc. - serve as co-counsel to the Official Unsecured Creditors Committee. The Debtor is a large company employing more than 700 individuals. Its predominant business is the wholesale distribution of food and related items to chain restaurants and restaurant franchisees, its customers.
- In re NVMS, Inc. - represented a medical services company that provided, among other things, intraoperative neurophysiological monitoring to surgeons in hospitals throughout the Mid-South region in its Chapter 11 case in Nashville.
- In re Southeast Waffles, LLC - served as counsel to the Official Unsecured Creditors Committee in a Chapter 11 case pending in Nashville. The Debtor was formed in 1999 for the purpose of purchasing and operating a Waffle House franchise. The Debtor was in the business of owning and operating over 100 Waffle House restaurants in Tennessee, Alabama, Mississippi, and Kentucky.
- In re Barnhills Buffet, Inc. - served as counsel to the Official Unsecured Creditors Committee in a Chapter 11 case in Nashville. The Debtor was the operator of 29 buffet style restaurants located in six states in which it employed approximately 1,650 employees.
- In re Horizon Travel Plazas, LLC - served as counsel to the Official Unsecured Creditors Committee in a Chapter 11 case in Nashville. The Debtor was in the business of owning and operating travel plazas.
- In re Stanley Jones Corporation - represented mechanical contracting company and affiliates in their Chapter 11 cases in Nashville. At the time of the filing, the company had offices in South Fulton, Nashville, and Knoxville, Tennessee, and Birmingham, Alabama. The company had been in business since 1946, was licensed in 35 states, had more than 400 employees, and had revenues of over $80 million during its last fiscal year.
- In re American HomePatient, Inc. - represented publicly traded home healthcare company in its successful Chapter 11 reorganization that resulted in confirmation of a 100% Plan on the company's $300 million of debt. Obtained confirmation by defeating objection of lenders in a week-long trial with multiple financial experts. Successfully defended confirmation at U.S. District Court and Sixth Circuit. Bank of Montreal, et al. v. Official Committee of Unsecured Creditors, et al. (In re American HomePatient, Inc.), 420 F.3d 559 (6th Cir 2005).
- In re 1Point Solutions, LLC and Barry R. Stokes - represented 401(k) plans in connection with misappropriated employee 401(k) funds.
- In re Linear Logic - represented non-profit organization in connection with obtaining assets from the debtor.
- In re Belle Valley, Ltd. - represented limited partnership operating 260 unit apartment complex in its successful Chapter 11 reorganization.
- In re Murray, Inc. - served as co-counsel to the Committee in lawn and garden manufacturer's liquidating Chapter 11 case involving more than $300 million of debt.